Ponce et al v. Safi-G, Inc. et al

Filing 56

ORDER denying as moot 49 Motion in Limine; granting 55 Letter Motion to Stay re: 49 MOTION in Limine Seeking An Order Precluding Evidence Relating To Plaintiffs' Immigration Status And Plaintiffs' Payment Or Non-Payment Of Taxes., 55 JOINT LETTER MOTION to Stay re: 45 Pretrial Order, All Deadlines in Light of Settlement addressed to Magistrate Judge Sarah L. Cave from Avraham Y. Scher, Esq dated November 10, 2023. The Court congratulates the par ties on their settlement. The letter-motion at ECF No. 55 is GRANTED. All deadlines and appearances, including the scheduled trial, are CANCELLED. By December 4, 2023, the parties shall file a joint motion for settlement approval pursuant to C heeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Plaintiff's motion in limine at ECF No. 49 is DENIED as moot. The Clerk of Court is respectfully directed to close ECF Nos. 49 and 55, and to terminate the December 1, 2023conference and the December 11, 2023 jury trial. (Signed by Magistrate Judge Sarah L. Cave on 11/13/2023) (tro)

HELEN F. DALTON & ASSOCIATES, P.C.
ATTORNEYS AT LAW
The Court congratulates the parties on their settlement. The
letter-motion at ECF No. 55 is GRANTED. All deadlines and
appearances, including the scheduled trial, are CANCELLED.
By December 4, 2023, the parties shall file a joint motion for
settlement approval pursuant to Cheeks v. Freeport Pancake
House, Inc., 796 F.3d 199, 206 (2d Cir. 2015). Plaintiff's
motion in limine at ECF No. 49 is DENIED as moot.

Via ECF:
The Honorable Sarah L Cave, U.S.M.J.
United States District Court
The Clerk of Court is respectfully directed to close ECF Nos.
Southern District of New York
Daniel Patrick Moynihan U.S. Courthouse 49 and 55, and to terminate the December 1, 2023
conference and the December 11, 2023 jury trial.
500 Pearl St.
New York, NY 10007-1312
SO ORDERED. 11/13/2023
Re:
Ponce, et al v. Safi-G, Inc., et al.
Civil Docket No.: 22-cv-04341 (SLC)
Dear Judge Cave:
Our office represents Plaintiffs Maria Paz Ponce, Wilson Lozano Rey, and Sergio
Alonso Cabrera Montoya (“Plaintiffs”) in this FLSA Action, and we respectfully submit
this letter motion, jointly and together with Counsel for the Defendants: (1) to apprise the
Court that the parties have reached a settlement in principle on all claims asserted by all
Plaintiffs herein; (2) to respectfully request that the Court stay all current deadlines in this
matter in light of the parties’ settlement; and (3) to respectfully request three (3) weeks for
the parties to submit their agreement and anticipated motion for settlement approval
pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015).
As stated above, the parties reasonably anticipate three (3) weeks to be sufficient
for the parties to submit their settlement agreement, and a motion for Court approval;
moreover, the parties respectfully request that the Court issue an Order staying the
deadlines for all submissions and appearances in this matter so that the parties may focus
their efforts on preparing and finalizing the above-referenced documents. If this request is
granted, the parties can file their above-referenced settlement submissions by December 1,
2023.
We thank The Court for its kind consideration on this matter, and we remain
available to provide any additional information.
Respectfully submitted,
_____________________
Avraham Y. Scher, Esq.

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